BILL NUMBER: AB 2977	CHAPTERED
	BILL TEXT

	CHAPTER  478
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2006
	PASSED THE ASSEMBLY  AUGUST 29, 2006
	PASSED THE SENATE  AUGUST 28, 2006
	AMENDED IN SENATE  AUGUST 22, 2006
	AMENDED IN SENATE  AUGUST 16, 2006
	AMENDED IN SENATE  AUGUST 9, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  APRIL 6, 2006

INTRODUCED BY   Assembly Member Mullin
   (Coauthors: Assembly Members Garcia, Koretz, and Maze)

                        FEBRUARY 24, 2006

   An act to amend Sections 115922, 115924, and 115928 of the Health
and Safety Code, relating to public safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2977, Mullin  Swimming Pool and Spa Safety Act of 2006.
   Existing law, the Swimming Pool Safety Act, generally provides
that, on and after January 1, 1998, whenever a building permit is
issued for construction of a new swimming pool at a private,
single-family home, the pool shall be equipped with at least one of 5
specified safety features, including: (1) a pool enclosure; (2) a
safety pool cover; (3) exit alarms on doors providing direct access
to the pool; (4) self-closing, self-latching device with a release
mechanism on doors providing direct access to the pool; or (5) other
means of protection, if the degree of protection afforded is equal to
or greater than any of the specified devices, as specified.
   This bill would revise the above provision to provide that, on and
after January 1, 2007, whenever a building permit is issued for
construction of a new swimming pool or spa, or for the structural
remodeling of an existing pool or spa, at a private, single-family
home, the pool shall be equipped with at least 1 of the 7 drowning
prevention safety features, including the 5 devices specified above,
except that a device as specified by an ordinance governing child
access to pools would no longer be an authorized device and a spa
must also be covered with a lockable or latchable cover, plus (6)
removable mesh fencing meeting standards of the American Society for
Testing and Materials (ASTM); and (7) swimming pool alarms meeting
ASTM standards. The bill would provide that prior to the issuance of
any final approval for the completion of permitted construction or
remodeling work, the local building official shall inspect to ensure
that the above standards are met and that the drowning prevention
safety features are in good working condition.
   Existing law provides that any person entering into an agreement
to build a swimming pool shall give the consumer notice of the
requirements of the Swimming Pool Safety Act.
   This bill would require this consumer notice to also be given when
the person enters into an agreement to build a spa or to engage in
permitted work on a pool or spa.
   Existing law provides that whenever a construction permit is
issued for the construction of a new swimming pool or spa, the pool
or spa shall meet specified requirements, including that any backup
safety system that an owner of a new swimming pool or spa may choose
to install shall meet specified standards of the United States
Consumer Product Safety Commission issued in January 1998.
   This bill would update the citation to the backup safety system
standards by referring to those issued by the commission in March
2005 and would also provide that whenever a building permit is issued
for the modification of a single family home with an existing
swimming pool, toddler pool, or spa, the permit shall require that
the suction outlet of the existing swimming pool, toddler pool, or
spa be upgraded so as to be equipped with an antientrapment cover
meeting the current standards of the American Society for Testing and
Materials or the American Society of Mechanical Engineers.
   This bill would require the Building and Standards Commission to
incorporate the provisions of this act in to the California State
Building Standards Code no later than January 1, 2010.
   By imposing new duties on local building officials, this bill
would impose a state-mandated local program upon local governments.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known as, and may be cited as, the
Swimming Pool and Spa Safety Act of 2006.
  SEC. 2.  Section 115922 of the Health and Safety Code is amended to
read:
   115922.  (a) Commencing January 1, 2007, except as provided in
Section 115925, whenever a building permit is issued for construction
of a new swimming pool or spa, or any building permit is issued for
remodeling of an existing pool or spa, at a private, single-family
home, it shall be equipped with at least one of the following seven
drowning prevention safety features:
   (1) The pool shall be isolated from access to a home by an
enclosure that meets the requirements of Section 115923.
    (2) The pool shall incorporate removable mesh pool fencing that
meets American Society for Testing and Materials (ASTM)
Specifications F 2286 standards in conjunction with a gate that is
self-closing and self-latching and can accommodate a key lockable
device.
   (3) The pool shall be equipped with an approved safety pool cover
that meets all requirements of the ASTM Specifications F 1346 .
    (4) The residence shall be equipped with exit alarms on those
doors providing direct access to the pool.
    (5) All doors providing direct access from the home to the
swimming pool shall be equipped with a self-closing, self-latching
device with a release mechanism placed no lower than 54 inches above
the floor.
    (6) Swimming pool alarms that, when placed in pools, will sound
upon detection of accidental or unauthorized entrance into the water.
These pool alarms shall meet and be independently certified to the
ASTM Standard F 2208 "Standards Specification for Pool Alarms" which
includes surface motion, pressure, sonar, laser, and infrared type
alarms. For purposes of this article, "swimming pool alarms" shall
not include swimming protection alarm devices designed for individual
use, such as an alarm attached to a child that sounds when the child
exceeds a certain distance or becomes submerged in water.
   (7) Other means of protection, if the degree of protection
afforded is equal to or greater than that afforded by any of the
devices set forth above, and have been independently verified by an
approved testing laboratory as meeting standards for those devices
established by the ASTM or the American Society of Mechanical
Engineers (ASME).
   (b) Prior to the issuance of any final approval for the completion
of permitted construction or remodeling work, the local building
code official shall inspect the drowning safety prevention devices
required by this act and if no violations are found, shall give final
approval.
  SEC. 3.  Section 115924 of the Health and Safety Code is amended to
read:
   115924.  (a) Any person entering into an agreement to build a
swimming pool or spa, or to engage in permitted work on a pool or spa
covered by this article, shall give the consumer notice of the
requirements of this article.
   (b) Pursuant to existing law, the Department of Health Services
shall have available on the department's Web site, commencing January
1, 2007, approved pool safety information available for consumers to
download. Pool contractors are encouraged to share this information
with consumers regarding the potential dangers a pool or spa poses to
toddlers. Additionally, pool contractors may provide the consumer
with swimming pool safety materials produced from organizations such
as the United States Consumer Product Safety Commission, Drowning
Prevention Foundation, California Coalition for Children's Safety &
Health, Safe Kids Worldwide, Association of Pool and Spa
Professionals, or the American Academy of Pediatrics.
  SEC. 4.  Section 115928 of the Health and Safety Code is amended to
read:
   115928.  Whenever a building permit is issued for the construction
of a new swimming pool or spa, the pool or spa shall meet all of the
following requirements:
   (a) (1) The suction outlet of the pool or spa for which the permit
is issued shall be equipped to provide circulation throughout the
pool or spa as prescribed in paragraph (2).
   (2) The swimming pool or spa shall have at least two circulation
drains per pump that shall be hydraulically balanced and
symmetrically plumbed through one or more "T" fittings, and that are
separated by a distance of at least three feet in any dimension
between the drains.
   (b) Suction outlets that are less than 12 inches across shall be
covered with antientrapment grates, as specified in the ASME/ANSI
Standard A 112.19.8, that cannot be removed except with the use of
tools. Slots or openings in the grates or similar protective devices
shall be of a shape, area, and arrangement that would prevent
physical entrapment and would not pose any suction hazard to bathers.

   (c) Any backup safety system that an owner of a new swimming pool
or spa may choose to install in addition to the requirements set
forth in subdivisions (a) and (b) shall meet the standards as
published in the document, "Guidelines for Entrapment Hazards: Making
Pools and Spas Safer," Publication Number 363, March 2005, United
States Consumer Product Safety Commission.
   (d) Whenever a building permit is issued for the remodel or
modification of a single family home with an existing swimming pool,
toddler pool, or spa, the permit shall require that the suction
outlet of the existing swimming pool, toddler pool, or spa be
upgraded so as to be equipped with an antientrapment cover meeting
current standards of the American Society for Testing and Materials
(ASTM) or the American Society of Mechanical Engineers (ASME).
  SEC. 5.  The Legislature hereby directs the Building and Standards
Commission to incorporate the provisions of this act into the
California State Building Standards Code, no later than January 1,
2010.
  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.